Pages 270-272

INFORMATION FROM THE EPO

Notice from the European Patent Office dated 19 March 2004 concerning the electronic filing of European patent applications with the German Patent and Trade Mark Office (DPMA)

The present notice is issued under Article 3 of the decision of the President of the European Patent Office (EPO) dated 29 October 2002 on the electronic filing of patent applications and other documents1 and further to point 3.2 of the notice of the same date2.

1. Filing European patent applications using PaTrAS^INT software

1.1 As from 22 March 2004, European patent applications, including all drawings, may also be filed in electronic form with the DPMA using the PaTrAS^INTsoftware provided free of charge by the DPMA.

1.2 Users of PaTrAS^INT software must comply not only with the technical and legal requirements which apply when European patent applications are filed electronically at the DPMA3 but also with the EPC's provisions and the EPO's rules governing the filing of patent applications and other documents.

2. Electronic filing

2.1 Electronic filing may be effected online or on electronic data carriers.

2.2 The current address for filing European patent applications online with the DPMA using PaTrAS^INTsoftware can be found on the DPMA website4.

2.3 A list of the admissible data carriers and data formats is also published on the DPMA website.

2.4 If European patent applications are filed on electronic data carriers, they must be accompanied by a paper document identifying the applicant and/or his representative, indicating an address for correspondence and listing the files stored on the data carrier.

3. Form of the documents for European patent applications

3.1 Users of PaTrAS^INTsoftware must comply with the DPMA's published technical conditions when preparing their European patent applications.

3.2 For applications containing a sequence listing, the provisions governing the filing of sequence listings are applied mutatis mutandis5. Currently this means that sequence listings must be attached in PDF and ASCII format.

4. Encryption

4.1 European patent applications prepared using PaTrAS^INTsoftware may be encrypted for transmission6.

5. Acknowledgement of receipt

5.1 As soon as a European patent application has been received, the applicant is sent an e-mail notifying him of receipt and giving a document reference number to assist with any queries with the DPMA.

5.2 The receipt under Rule 24(2) EPC is issued by e-mail once the files received under point 1 above have been scrutinised. If it is not successfully transmitted, the DPMA will transmit it without delay by other means as long as the information at its disposal so permits.

5.3 The receipt includes the identity of the Office, the date and time when the application was received, a reference or application number allocated by the Office, a list of the files transmitted and a message digest, ie the message in compressed form.

5.4 Acknowledgement of receipt does not imply the accordance of a filing date.

6. Illegible or incomplete documents; infected files

6.1 Further to Article 4 of the decision of the President dated 29 October 2002¹, applicants are reminded that it is their responsibility to ensure that the application documents are complete.